N.M. Admin. Code § 20.2.99.2

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.99.2 - SCOPE

Agencies affected by this part are: federal transportation agencies (the federal highway administration (FHWA) and the federal transit administration (FTA) of the United States department of transportation (US DOT)), and state and local agencies responsible for transportation planning and air quality management that are within the geographic jurisdiction of the environmental improvement board (see also 20.2.99.6 NMAC).

A. The provisions of this part shall apply in all nonattainment areas and maintenance areas for transportation-related criteria pollutants for which the area is designated as a nonattainment area or has a maintenance plan.

B. The provisions of this part apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM₁₀) and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM_2.5).

C. The provisions of this part apply with respect to emissions of the following precursor pollutants in nonattainment areas or maintenance areas:

(1) volatile organic compounds (VOCs) and nitrogen oxides in ozone areas;

(2) nitrogen oxides in nitrogen dioxide areas;

(3) volatile organic compounds or nitrogen oxides in PM₁₀ areas if:

(a) the US EPA region 6 administrator or the department has made a finding (including a finding as part of the New Mexico state implementation plan (SIP) or a submitted implementation plan revision) that transportation-related emissions of one or both of these precursor emissions within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the metropolitan planning organization (MPO) (or the New Mexico department of transportation (NMDOT) in the absence of an MPO) and US DOT; or

(b) the applicable SIP (or implementation plan submission) establishes an approved (or adequate) motor vehicle emissions budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy;

(4) nitrogen oxides in PM_2.5 areas, unless both the US EPA regional administrator and the department have made a finding that transportation-related emissions of nitrogen oxides within the nonattainment area are not a significant contributor to the PM_2.5 nonattainment problem and has notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or the applicable implementation plan (or implementation plan submission) does not establish an approved (or adequate) motor vehicle emissions budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy; and

(5) VOCs, sulfur dioxide (SO₂) or ammonia (NH₃) in PM_2.5 areas either if the US EPA regional administrator or the department has made a finding that transportation-related emissions of any of these precursors within the nonattainment area are a significant contributor to the PM_2.5 nonattainment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or if the applicable implementation plan (or implementation plan submission) establishes an approved (or adequate) motor vehicle emissions budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.

D. The provisions of this part apply to PM_2.5 nonattainment areas and maintenance areas with respect to PM_2.5 from re-entrained road dust if the US EPA regional administrator or the department has made a finding that re-entrained road dust emissions within the area are a significant contributor to the PM_2.5 nonattainment problem and has so notified the MPO (or the NMDOT in the absence of an MPO) and US DOT, or if the applicable SIP (or implementation plan submission) includes re-entrained road dust in the approved (or adequate) motor vehicle emissions budget as part of the reasonable further progress, attainment or maintenance strategy.

E. The provisions of this part apply to maintenance areas through the last year of a maintenance area's approved CAA Section 175A(b) maintenance plan, unless the applicable implementation plan specifies that the provisions of this part (20.2.99 NMAC) shall apply for more than 20 years.

N.M. Admin. Code § 20.2.99.2

12/14/94; 11/23/98; 20.2.99.2 NMAC - Rn, 20 NMAC 2.99.101 10/31/02; A, 10/15/05; A, 9/1/07; A, 06/01/09

Adopted, New Mexico Register, Volume XXV, Issue 16, August 29, 2014, eff. 9/15/2014